[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Proposed Rules]
[Pages 56677-56679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14722]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0544]
RIN 1625-AA08


Special Local Regulation; Cayuga Lake, Ithaca, NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for certain waters of the Cayuga Lake. This action is 
necessary to provide for the safety of life on these navigable waters 
near Ithaca, NY, during a marine event on August 10, 2024. This 
proposed rulemaking would prohibit persons and vessels from transiting 
the area unless authorized by the Captain of the Port Sector Eastern 
Great Lakes or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 25, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0544 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Joseph Stranc, Marine Safety Unit 
Thousand Islands, U.S. Coast Guard; telephone 315-774-8524, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Eastern Great Lakes
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 4, 2024, an organization notified the Coast Guard that it 
will be conducting a swim event from 6 a.m. to 11:30 a.m. on August 10, 
2024. The event will take place within the following boundaries: 
starting at point 42[deg]30'07.01'' N, 076[deg]30'57.04'' W; running 
adjacent shore to point 42[deg]30'30.03'' N, 076[deg]31'09.34'' W; 
thence to 42[deg]29'50.20'' N, 076[deg]32'24.99'' W; running adjacent 
to the shore to point 42[deg]29'34.71'' N, 076[deg]32'17.11'' W; thence 
back to starting position.
    Due to the potential hazards associated with the swim event, the 
Captain of the Port Sector Eastern Great Lakes (COTP) determined that 
the potential hazards associated with the swimming event would be a 
safety concern for anyone within the swim area. The purpose of this 
rulemaking is to ensure the safety of participants of the event on 
within the navigable waters within the boundaries described above 
before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation in 
Cayuga Lake from 6 a.m. to 11:30 a.m. on August 10, 2024. The area 
regulated by this special local regulation will cover all navigable 
waters, from surface to bottom, within the area formed by connecting 
the following latitude and longitude points in the following order: 
starting at point 42[deg]30'07.01'' N, 076[deg]30'57.04'' W; running 
adjacent shore to point 42[deg]30'30.03'' N, 076[deg]31'09.34'' W; 
thence to 42[deg]29'50.20'' N, 076[deg]32'24.99'' W; running adjacent 
to the shore to point 42[deg]29'34.71'' N, 076[deg]32'17.11'' W; thence 
back to starting position.
    The duration of the proposed special local regulation is intended 
to ensure the safety of event participants on these navigable waters 
before, during, and after the scheduled swim event. No vessel or person 
would be permitted to enter the regulated area without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. Vessel 
traffic would be able to safely transit through this regulated area 
which would impact a small designated area of Cayuga Lake for less than 
6 hours during the morning. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
regulated area, and the rule would allow vessels to seek permission to 
transit through the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
area may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see

[[Page 56678]]

ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation lasting 5.5 hours that would prohibit entry to the 
swim area of the Cayuga Lake without authorization from COTP or their 
designated representative.
    Normally such actions are categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0544 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  160.T09-0544 to read as follows:

[[Page 56679]]

Sec.  160.T09-0544  Women Swimmin' for Hospicare, Cayuga Lake, Ithaca, 
NY.

    (a) Enforcement period. Coast Guard Sector Eastern Great Lakes 
Captain of the Port (COTP) will enforce this section from 6 a.m. to 
11:30 a.m. on August 10, 2024, upon the navigable waters of Cayuga Lake 
as described in paragraph (b) of this section.
    (b) Regulated area. The regulations in this section apply to the 
following area: All navigable waters within Cayuga Lake starting at 
point 42[deg]30'07.01'' N 076[deg]30'57.04'' W and running adjacent to 
the shore to point 42[deg]30'30.03'' N 076[deg]31'09.34'' W, continuing 
to point 42[deg]29'50.20'' N 076[deg]32'24.99'' W, running adjacent to 
the shore to point 42[deg]29'34.71'' N 076[deg]32'17.11'' W, back to 
the starting position.
    (c) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the COTP 
in the enforcement of the regulations in this section.
    (d) Regulations. All vessels will be required to request permission 
from the COTP or their designated representative to transit the area 
and will operate at a no wake speed to reduce the wake to a minimum, 
and in a manner which will not endanger participants in the event or 
any other craft. The COTP or their designated representative may be 
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander''.

    Dated: June 28, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great 
Lakes.
[FR Doc. 2024-14722 Filed 7-9-24; 8:45 am]
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